Our Gemara on Amud Aleph describes a scenario where a landowner sent an agent to hire contracted workers at four dinars but the agent, unsolicited, negotiated a lower rate of three dinars. Upon discovering that they could have negotiated a higher wage, the contractors have no legal recourse, since they agreed to those terms. But the Gemara says they still have a grievance, as they can say to the one who came to terms with them: Don’t you have respect for the verse: “Do not withhold good from him to whom it is due, when it is in the power of your hand to do it” (Proverbs 3:27)?

 

But we must ask, what is the legal function of declaring that there is a grievance, but they have no recourse. Is the Gemara just saying they have the right to kvetch?

 

It seems that the rabbis are making a moral declaration. Though the actions of the householder by only paying the lower rate, the contractors have a legitimate gripe. If so, the householder should strongly consider being generous and pay the higher rate. Yet, this moral obligation is apparently distinct but less compelling than the term used in other legal rulings, “chayyav bedibenei shamayim”, literally obligated by heavenly court. This latter directive implies a real obligation, just not enforceable by the court. Here the proper approach is to be generous and pay the higher rate, but there is no obligation even so far as heavenly accounting. (See Tiferes Yisrael, Bava Metzia 6:1:3. Nesivos Ohr p. 210.) The implication might be that while there is no financial requirement, there is an obligation to try to appease the worker. Perhaps some additional payment should be offered, but not necessarily the full amount (see CM Perisha 326:1.)

 

The Torah legal system recognizes that not every financial matter can be enforced, but there still are moral obligations. Even within that, there are nuanced requirements. Sometimes full payment is obligated even if not enforceable, and other times some amount of consideration should be made, based on the particular and subjective dynamics of that situation.

 

In life as well, even when may have no obligations and should not have to capitulate, that doesn’t mean we shouldn’t offer consideration and concessions.